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GORHAM – Gorham Town Councilor Suzanne Phillips, convicted of drunk driving in 2012, believes another councilor, who advocates defining “moral turpitude” in town rules for future use to expel a board member, is using the issue to attack her personally.

The moral turpitude issue in Gorham arose two years ago when Phillips pleaded guilty to operating under the influence. But, the council at that time found Phillips had not violated the moral turpitude provision in the town rules and she remained on the board.

But the issue resurfaced this March when another town councilor, Benjamin Hartwell, was summonsed for operating under the influence.

It appears unclear just what constitutes moral turpitude under Gorham’s rules. So, Town Councilor Matthew Robinson sponsored action defining the term to include operating under the influence. In Tuesday’s Town Council meeting, Robinson said that the matter had nothing to do with Phillips or Hartwell’s pending outcome.

But Phillips indicated otherwise in a note handed to the American Journal following the meeting. Phillips wrote that Robinson said it was “not personal, while listing all sorts of things that I did over the last two years or council decisions from just the last two years,” which have come during her term.

“I took it personally,” Phillips said on Wednesday. “I don’t know how else to take it after last night.”

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On Wednesday, Robinson, who denied any personal attack, said he explained the background for a potential change in rules. Robinson reasserted that rule changes about moral turpitude would not impact Phillips.

“It’s silly for her to say we’re targeting her,” Robinson said.

Robinson said in Tuesday’s meeting that he doesn’t believe driving under the influence is what voters want from their councilors and Robinson said future councils need a guide.

“There’s got to be a line drawn in the sand,” Robinson said.

Following a lengthy debate on Tuesday, the Gorham Town Council voted 5-2, with Phillips and Hartwell opposed, to postpone to July two proposed actions that would define moral turpitude in council rules and another measure for voters to decide the matter in a charter change in a November referendum.

If a measure defining moral turpitude goes to voters in November, it would coincide with the expiration of Phillips’ present three-year term.

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“The timing is ironic for me,” said Phillips, who hasn’t decided yet whether to seek another term.

In addition to rule changes that would include operating under the influence, Town Councilor Bruce Roullard had proposed that a conviction of a class A, B, C, or D crime would be cause to oust a sitting councilor. But, Phillips pointed out on Wednesday those letter classifications would not include murder.

It’s unclear what crimes those categories could include, and Town Council Chairman Michael Phinney said there is no obligation to keep the term “moral turpitude” in any change.

“I want a clear definition,” Phinney said.

Residents weighed in on the matter before the council postponed action.

John Doyle, a Gorham School Committee member who is an attorney, urged the council not to define moral turpitude, which he called a term of art. Rather, Doyle advocated adding a town charter provision that would allow voters to recall a town councilor.

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“I’m in full support of a recall piece,” Town Council Vice Chairman Shonn Moulton said.

Another attorney, Bernard Broder of 49 Phinney St., offered some advice about defining moral turpitude.

“This needs a lot more work before it’s voted on and put out to the public,” he said.

Jim Means of Beatrice Drive, who said he doesn’t support anyone driving while intoxicated, said state police place distracted driving in the same class as operating under the influence. Means said there isn’t one person in the room not guilty of driving while distracted.

Means said he doesn’t favor clarifying moral turpitude.

“You don’t have to define it,” Means said.

In her hand-written remarks, Phillips apologized for her actions.

“This topic is important and needs to be well defined for the future of the community of Gorham,” she said.

Suzanne Phillips

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